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theadvance_20260701_b_7-1-26_vid_06_w-or9_art_4.xml

theadvance_20260701_b_7-1-26_vid_06_w-or9_art_4.xml
Legal Notices constituting a part of said property, if any. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. The proceeds of said sale will be applied to the payment of said indebtedness and all expenses of said sale as provided in said Deed, and the balance, if any, will be distributed as provided by law. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the secured creditor. The property is or may be in the possession of Kathryn R Bauer, Jason Thomas Tipton Bauer and Justin Lee Tipton Bauer, successor in interest or tenant(s). NewRez LLC as Attorney-in-Fact for Maurice O. Bauer and Kathryn R. Bauer File no. 26-084190 LOGS LEGAL GROUP LLP* Attorneys and Counselors at Law 1050 Crown Pointe Parkway, Suite 500 Atlanta, GA 30338 (770) 220-2535 https://www.logs.com/ *THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE SUPERIOR COURT OF WHEELER COUNTY STATE OF GEORGIA Wheeler County, Georgia Civil Action File No. 25CV006-K KELVIN DAISE, Plaintiff, V. Unknown descendants of Jethro Mackey and Illa Mackey, Unknown descendants of Joseph Mackey and Shuba Mackey, Winston Breedlove, Unknown descendants of Silas Mackey and Melviney Mackey, Esau Daise, Unknown descendants of Lionel Curry, Unknown descendants of Rodolph Miller, Marvin Cunningham, Darrel Cunningham, Unknown descendants of Renda Parrish, Travis West, Brent West, Donna Baker, Cora Mae Williams, Bobby Jean Fann, Gwen Baker, Unknown descendants of Janee (Janie) Baker, Unknown heirs of George Mackey and Lela (Leila) Mackey, Defendants. NOTICE OF HEARING AND NOTICE PURSUANT TO O.C.G.A. § 44-6-185(d)(3) Notice having been given pursuant to O.C.G.A. § 45-6-185(a), the Court is required to notify all the parties that forty-five days have passed since notice first issued with no cotenant having filed any election to purchase the interest of Defendant Winston Breedlove. Pursuant to O.C.G.A. § 44-6-185(d)(3), the Court is required to resolve the partition action pursuant to O.C.G.A. 44-6186(a) and (b). O.C.G.A. § 44-6-186(a) specifies: (1) If all the interest of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to Code Section 44-6-185, or if after the conclusion of the buyout under Code Section 44-6-185, a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after consideration of the factors listed in Code Section 44-6-187, finds that partition in kind will result in manifest prejudice to the cotenants as a group. In considering whether to order partition in kind, the court shall approve a request by two or more parties to have their individual interests aggregated. (2) (A) In determining under paragraph (1) of this subsection whether partition in kind would result in manifest prejudice to the cotenants as a group, the court shall consider the following:
theadvance_20260701_b_7-1-26_vid_06_w-or9_art_4.xml
Legal Notices constituting a part of said property, if any. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. The proceeds of said sale will be applied to the payment of said indebtedness and all expenses of said sale as provided in said Deed, and the balance, if any, will be distributed as provided by law. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the secured creditor. The property is or may be in the possession of Kathryn R Bauer, Jason Thomas Tipton Bauer and Justin Lee Tipton Bauer, successor in interest or tenant(s). NewRez LLC as Attorney-in-Fact for Maurice O. Bauer and Kathryn R. Bauer File no. 26-084190 LOGS LEGAL GROUP LLP* Attorneys and Counselors at Law 1050 Crown Pointe Parkway, Suite 500 Atlanta, GA 30338 (770) 220-2535 https://www.logs.com/ *THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE SUPERIOR COURT OF WHEELER COUNTY STATE OF GEORGIA Wheeler County, Georgia Civil Action File No. 25CV006-K KELVIN DAISE, Plaintiff, V. Unknown descendants of Jethro Mackey and Illa Mackey, Unknown descendants of Joseph Mackey and Shuba Mackey, Winston Breedlove, Unknown descendants of Silas Mackey and Melviney Mackey, Esau Daise, Unknown descendants of Lionel Curry, Unknown descendants of Rodolph Miller, Marvin Cunningham, Darrel Cunningham, Unknown descendants of Renda Parrish, Travis West, Brent West, Donna Baker, Cora Mae Williams, Bobby Jean Fann, Gwen Baker, Unknown descendants of Janee (Janie) Baker, Unknown heirs of George Mackey and Lela (Leila) Mackey, Defendants. NOTICE OF HEARING AND NOTICE PURSUANT TO O.C.G.A. § 44-6-185(d)(3) Notice having been given pursuant to O.C.G.A. § 45-6-185(a), the Court is required to notify all the parties that forty-five days have passed since notice first issued with no cotenant having filed any election to purchase the interest of Defendant Winston Breedlove. Pursuant to O.C.G.A. § 44-6-185(d)(3), the Court is required to resolve the partition action pursuant to O.C.G.A. 44-6186(a) and (b). O.C.G.A. § 44-6-186(a) specifies: (1) If all the interest of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to Code Section 44-6-185, or if after the conclusion of the buyout under Code Section 44-6-185, a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after consideration of the factors listed in Code Section 44-6-187, finds that partition in kind will result in manifest prejudice to the cotenants as a group. In considering whether to order partition in kind, the court shall approve a request by two or more parties to have their individual interests aggregated. (2) (A) In determining under paragraph (1) of this subsection whether partition in kind would result in manifest prejudice to the cotenants as a group, the court shall consider the following:
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